October 2019

DNA TEST – Naturally, if the petitioner is aggrieved of any order passed or any observation made, or any finding recorded in the judgment in that lis, her remedy is by way of the appeal that she has already filed before the learned District Judge-Without commenting on merits present petition dismissed

By | October 24th, 2019|Evidence - Civil|

Comments Off on DNA TEST – Naturally, if the petitioner is aggrieved of any order passed or any observation made, or any finding recorded in the judgment in that lis, her remedy is by way of the appeal that she has already filed before the learned District Judge-Without commenting on merits present petition dismissed

Production of Documents—Court can summon a document, through a person having possession of document, necessary for adjudication of dispute without asking such person to give evidence with regard to such document

By | October 24th, 2019|Evidence - Civil|

Comments Off on Production of Documents—Court can summon a document, through a person having possession of document, necessary for adjudication of dispute without asking such person to give evidence with regard to such document

September 2019

August 2019

April 2019

February 2019

January 2019

Transfer Deed—A small error/mistake in the annexure attached to the registered transfer deed which has no effect on the transfer would not result in invalidating the transfer deed itself Admission—If an admission in oral evidence is capable of two interpretations then an interpretation favorable to the person making it should be taken as his admission

By | January 27th, 2019|Evidence - Civil|

Comments Off on Transfer Deed—A small error/mistake in the annexure attached to the registered transfer deed which has no effect on the transfer would not result in invalidating the transfer deed itself Admission—If an admission in oral evidence is capable of two interpretations then an interpretation favorable to the person making it should be taken as his admission

Civil Procedure Code, 1908, O.13 R.4-Endorsement of Document-Order 13 Rule 4 CPC only provides for a procedure for endorsement of the documents by the Presiding Judge, admitted in evidence-It is nowhere provided that if the Presiding Judge fails to endorse the document, the document cannot be read as part of the record.

By | January 21st, 2019|Evidence - Civil|

Comments Off on Civil Procedure Code, 1908, O.13 R.4-Endorsement of Document-Order 13 Rule 4 CPC only provides for a procedure for endorsement of the documents by the Presiding Judge, admitted in evidence-It is nowhere provided that if the Presiding Judge fails to endorse the document, the document cannot be read as part of the record.

October 2018

Civil Procedure Code, 1908, O.16 R.1–Production of Witnesses-Application under O.16 R.1-A CPC cannot be objected by the defendants—Filing of present revisions is delaying tactices; dismissed with costs. 

By | October 1st, 2018|Evidence - Civil|

Comments Off on Civil Procedure Code, 1908, O.16 R.1–Production of Witnesses-Application under O.16 R.1-A CPC cannot be objected by the defendants—Filing of present revisions is delaying tactices; dismissed with costs. 

May 2018

April 2018

March 2018

Civil Procedure Code, 1908,0.8 R.2–Additional facts-Supplementary affidavit-Held; When the cross examination has not been done, any additional fact can always be brought on file by way of supplementary affidavit.

By | March 21st, 2018|Evidence - Civil|

Comments Off on Civil Procedure Code, 1908,0.8 R.2–Additional facts-Supplementary affidavit-Held; When the cross examination has not been done, any additional fact can always be brought on file by way of supplementary affidavit.

Accident—Claim petition—Even if the cases under the Act have been tried as summary cases yet the essential principle of the law of evidence cannot be given a go-bye. Accident—Loss of love and affection—Rs.50,000/- awarded towards loss of love and affection to unmarried sister.

By | March 17th, 2018|Evidence - Civil|

Comments Off on Accident—Claim petition—Even if the cases under the Act have been tried as summary cases yet the essential principle of the law of evidence cannot be given a go-bye. Accident—Loss of love and affection—Rs.50,000/- awarded towards loss of love and affection to unmarried sister.

Evidence Act, 1872, S.45-Expert evidence-Comparison of signatures-Suit for recovery—Mortgage deed-Appellant had been signing differently on different documents which are the part of the pleadings and evidence

By | March 4th, 2018|Evidence - Civil|

Comments Off on Evidence Act, 1872, S.45-Expert evidence-Comparison of signatures-Suit for recovery—Mortgage deed-Appellant had been signing differently on different documents which are the part of the pleadings and evidence

January 2018

December 2017

Production of Documents-Grant of Leave– Suit at stage of adducing evidence by petitioner-Documents mentioned in the affidavit were neither the basis of defense nor the same were relied upon by petitioner

By | December 30th, 2017|Evidence - Civil|

Comments Off on Production of Documents-Grant of Leave– Suit at stage of adducing evidence by petitioner-Documents mentioned in the affidavit were neither the basis of defense nor the same were relied upon by petitioner

Closing of Evidence by order—To do justice, sometimes technicalities is to be ignored—One more effective opportunity granted.

By | December 18th, 2017|Evidence - Civil|

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It is a settled principle of law that the plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself.

By | December 6th, 2017|Evidence - Civil|

Comments Off on It is a settled principle of law that the plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself.